MPs begin debate to reinstate NG-CDF in the constitution

Members of Parliament have begun debate in pursuit to have the National Government Constituency Dvelopment fund (NG-CDF) reinstated in the Constitution.

During the debate, the lawmakers asserted that the fund should be entrenched in the law as it has proven effective in transforming constituencies.

The bill which is co-sponsored by Matungulu MP and Gichungu MP Robert Gichumu is advocating for the re-establishment of the fund and its part in the law to prevent disruptions on technicalities of the law.

“Our aim is that these funds are protected in the constitution from this year until the time God will allow us on this planet. This is a journey we are not relenting whatever comes. This is a journey we will walk as members from both sides of the divide so that we safeguard this idea to the end,” said Mule.

Minority Leader Opiyo Wandayi supported the bill saying it will manage to remedy the obstacles concerning the CDF act over the principles on separation of power between the Legislature and the Executive.

“Anybody coming to make NG-CDF non-operational is an enemy of the people. This house must choose to be on right side of the people. This back and forth on the judiciary should be brought to an end by entrenching NG-CDF in the constitution,” he said.

Lawmakers argued that the bill doesn’t in any way affect the function and powers of the county governments in anticipation of any efforts to thwart the bill.

“Further, the establishment of the Senate Oversight Fund in the Constitution will ensure that the Senate is adequately empowered and resourced to perform its function as stipulated in Article 96 of the constitution,” the bill reads.

Parliament will also seek to enact the legislation to provide for the operation of the economic stimulus and empowerment fund whose objective will be to empower women, men, youth and persons living with disabilities.

The quest to reinforce NG-CDF comes days after President William Ruto asked MPs to take measures to protect the Sh44.3 billion Fund and establish an oversight kitty for Senators to oversight cash transfers to counties.

Ruto told Parliament to align NG-CDF to the requirements of the Constitution in order to save the kitty.

“I know the contribution the National Government Constituency Development Fund (NG-CDF) has made in making life better for our citizens. I believe there is a way NG-CDF can be aligned to the tenets of the Constitution.”

The National Treasury had announced it will not allocate money to the NG-CDF following the Supreme Court’s judgment that declared it unconstitutional.

A five judge bench led by Chief Justice Martha Koome ruled that the CDF Act (2013) violates the principle of separation of powers, hence unconstitutional.

The Court ruled that it was unconstitutional to the extend that it sought to extend the national government’s mandate to counties.